Terms Of Service

TERMS AND CONDITIONS

1. The Customer shall pay the Price for the Cabinetry to be manufactured and installed by My Robes. The Customer shall make payment of the Price as follows:
   1. 50% of the price on acceptance of the quotation herein. On payment of such deposit, the Customer accepts the terms of this Contract.  This deposit is non-refundable;
   2. 40% of the price upon My Robes advising the Customer that the Cabinetry has been manufactured in readiness for installation, and payment shall be made prior to installation and no later than 7 days after receiving the advice that the Cabinetry is manufactured;
   3. The final payment of 10% of the Price immediately on completion of installation.

 

2. Within 14 business days of payment of the deposit, My Robes shall provide the Customer with drawings of the proposed Cabinetry installation for approval. The Customer may request variations to the drawings only until the Customer has signed off on the drawings.  The Customer may request two revisions of the drawings (provided that the addition of any Cabinetry will be added to the Price) without cost for the drawing revision.  If the drawing is requested to be further revised after the initial 2 revisions, there will be an additional cost of $120 payable by the Customer for any subsequent drawing revision (in addition to the cost of any additional cabinetry).

 

3. Unless the Schedule states that existing cabinetry is to be removed by My Robes, then the Customer shall ensure that the area for installation of the cabinetry is completely clear and clean, in readiness for installation of the Cabinetry. If existing cabinetry is not completely removed at the time of installation, then the Customer will pay an additional cost of $350 per room for demolition.

 

4. If existing cabinetry is removed by My Robes, My Robes will take all reasonable care in the demolition of previous cabinetry or joinery, but the Customer acknowledges that sometimes fixings may result in damage to plasterboard walls or other surfaces to which the cabinetry is affixed. The Customer will not hold My Robes responsible for any such damage and wholly indemnifies My Robes in relation to same.

 

5. My Robes recommends new flooring be installed by the Customer after Cabinetry is installed. My Robes will take all reasonable care in installing the Cabinetry, but the Customer acknowledges that flooring may be damaged in the installation of the cabinets.  The Customer will not hold My Robes responsible for any such damage and wholly indemnifies My Robes in relation to same.

 

6. My Robes will not be responsible for electrical or plumbing work unless otherwise stated herein, in which event an electrician or plumber will be engaged by My Robes at an hourly rate per the Schedule, which will be separately invoiced to the Customer.

 

7. Unless otherwise stated in the Schedule hereto, the Customer will be responsible for removal of all rubbish from site in relation to the installation of the cabinetry. In the event that the Schedule herein provides for My Robes to remove the rubbish from site, the Customer will pay an additional fee of $750 or as otherwise stated in the Schedule.

 

8. Upon My Robes notifying the Customer that the Cabinetry is manufactured in readiness for installation, the Parties will liaise to agree an installation date at the Site. In the event that the Customer delays the installation date by more than 10 business days after notification, then the Customer will pay the storage cost of the cabinetry at My Robes factory at the rate of $150 per week or part thereof.  In the event that the Customer delays the installation date by more than 20 business days, then the Customer shall become immediately liable for the balance of the Price, notwithstanding that installation has not been completed.  If the Customer does not permit My Robes access to the Site on the agreed installation date, or cancels within 24 hours of the agreed date, the Customer will pay a $200 cancellation fee.

 

9. My Robes shall take all due care in the manufacture and installation of the Cabinetry, but the Customer acknowledges that, from time to time, a panel, drawer or door may be damaged during the process. In such event, the Customer will permit My Robes to have access to the site on a further date within 28 days of the installation date to replace such damaged panel, drawer or door.  During this period, the Customer may withhold from the Price no more than $200 for any damaged panel, drawer or door.

 

10. The Customer acknowledges that the Cabinetry will be constructed with square corners, and this may create a gap where any wall or cabinetry abutting the Cabinetry is not square to the floor. My Robes shall not be held in any way liable for such angle differentiation.

 

11. Title to the Cabinetry will remain with My Robes until the Price and any additional costs or fees referred to herein is paid in full.

 

12. This Agreement shall be binding on the heirs, executors and assigns of the parties.

 

13. Service of Notice

A party may serve a notice or request by:

• personal service on the other party or the solicitor for the other party;
• prepaid post to the other party or the solicitor for the other party; and
• facsimile transmission to the other party or the solicitor for the other party.

Service is effected 2 days after posting if the notice or request is posted.

14. Severance

If any provision of this Deed does not comply with any law, then the provision must be read down so as to give it as much effect as possible.  If it is not possible to give the provision any effect at all, then it must be treated as severable from the rest of the Deed.  This approach is to be used equally where any court is construing this Deed and finds an invalid provision.

15. Assignment

No party to this Deed shall assign or purpose to assign this Deed or any right under this Deed without the prior written consent of each of the other parties.

 

16. Entire Deed

This Deed: -

• contains the entire understanding of the parties as to its subject matter and there is no other understanding, Deed, warranty or representation whether expressed or implied in any way defining or extending or otherwise relating to these provisions of the assets or any of the matters to which this Deed relates; and
• may only be altered in writing and signing by all parties.

 

17. Waiver

The failure of a party at any time to require full or partial performance of any provision of this Deed will not affect in any way the full right of that party to require that performance subsequently.

 

The waiver of any party of a breach of a provision of this Deed will not be deemed a waiver of all or part of that provision or of any other provision or of the right of that party to avail itself or its rights subsequently.

Any waiver of a breach of this Deed must be in writing signed by the party gained the waiver, and will be effectively only to the extent specifically set out in the waiver.

 

18. Governing Law and Jurisdiction

This Deed is governed by and is to be construed in accordance with the laws of the State of Victoria.  Each party irrevocably and unconditionally submits to the non-exclusive jurisdictional of the Courts of Victoria and Courts entitled to hear appeals from these Courts.

 

19. Variation of Deed

This Deed may be varied at any time by written Deed between the parties.